JACKSON, Miss. (WLBT) – A decision handed down by the Mississippi Appeals Court on Wednesday could clear the way for the construction of a 3,900-acre solar farm in Hinds County.
On Tuesday, the court upheld the Hinds County Board of Supervisors’ decision to approve two use permits for Soul City Storage LLC and Soul City Energy LLC back in 2024.
The company needs the permits to build the solar farm on approximately 5,800 acres of undeveloped land in western Hinds County.
Resident Allison Lauderdale appealed that decision to the Hinds County Circuit Court and then the Appeals Court last year arguing that the board “committed reversible error” when it failed to provide written findings related to its reason for granting Soul City’s request.
Appeals judges said that the county included written findings by referencing a 73-page application and supplemental application along with its written order.
“By incorporating the application, site plan, and all materials included with the original and supplemental conditional-use permit applications and the May 22, 2024, supplemental information letter in response to the May 14, 2024, community meeting, the board made it part of the written decision,” the court wrote.
“Read together, the board’s approval and the incorporated materials constitute its written certification that the project, as presented, complied with… the Hinds County Zoning Ordinance.”
Appellate judges also rejected Lauderdale’s argument that the evidence did not support approving Soul City’s applications, noting the firm “significantly revised its proposal in response to community concerns, including concerns about construction traffic, road use, vegetation management, fencing, and wildlife corridors.”
“Soul city voluntarily accepted conditions that concerned the community,” the court’s majority opinion stated.
Writing for the court was Judge Amy Lassiter St. Pe. She was joined by Judges Jack Wilson, Anthony Lawrence, David McCarty, John Emfinger, and John Weddle.
Judge Latrice Westbrooks issued a dissenting opinion. She was joined by Judges Donna Barnes, Virginia Carlton, and Deborah McDonald.
Westbrooks said the county did not comply with the zoning ordinance’s requiring written findings of fact, and that “given the ordinance’s specificity, the minutes are insufficient to satisfy” that requirement.
“This is a complex application for a 5,800-acre utility-scale solar farm and energy storage facility expected to last for 30 years. The project drew community opposition, and the planning commission unanimously denied the application,” she wrote.
“In light of the board’s failure to comply with the certification requirement, I would find that reversal and remand is warranted. I therefore respectfully dissent.”
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